[Federal Register: February 5, 2003 (Volume 68, Number 24)]
[Rules and Regulations]
[Page 5794-5796]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe03-2]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 02-114-1]
Imported Fire Ant; Additions to Quarantined Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the imported fire ant regulations by
designating as quarantined areas all or portions of six counties in
South Carolina and nine counties in Tennessee. As a result of this
action, the interstate movement of regulated articles from those areas
will be restricted. This action is necessary to prevent the artificial
spread of the imported fire ant to noninfested areas of the United
States.
DATES: This interim rule was effective January 30, 2003. We will
consider all comments that we receive on or before April 7, 2003.
ADDRESSES: You may submit comments by postal mail/commercial delivery
or by e-mail. If you use postal mail/commercial delivery, please send
four copies of your comment (an original and three copies) to: Docket
No. 02-114-1, Regulatory Analysis and Development, PPD, APHIS, Station
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. 02-114-1. If you use e-mail,
address your comment to regulations@aphis.usda.gov. Your comment must
be contained in the body of your message; do not send attached files.
Please include your name and address in your message and ``Docket No.
02-114-1'' on the subject line.
You may read any comments that we receive on this docket in our
reading room. The reading room is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 690-2817 before coming.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS dockets, are available on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Mr. Charles L. Brown, Imported Fire
Ant Program Manager, PPQ, APHIS, 4700 River Road Unit 134, Riverdale,
MD 20737-1236; (301) 734-8247.
SUPPLEMENTARY INFORMATION:
Background
The imported fire ant regulations (contained in 7 CFR 301.81
through 301.81-10 and referred to below as the regulations) quarantine
infested States or infested areas within States and restrict the
interstate movement of regulated articles to prevent the artificial
spread of the imported fire ant.
The imported fire ant (Solenopsis invicta Buren and Solenopsis
richteri Forel) is an aggressive, stinging insect that, in large
numbers, can seriously injure and even kill livestock, pets, and
humans. The imported fire ant, which is not native to the United
States, feeds on crops and builds large, hard mounds that damage farm
and field machinery. The regulations are intended to prevent the
imported fire ant from spreading throughout its ecological range within
the country.
The regulations in Sec. 301.81-3 provide that the Administrator of
the Animal and Plant Health Inspection Service (APHIS) will list as a
quarantined area each State, or each portion of a State, that is
infested with the imported fire ant. The Administrator will designate
less than an entire State as a quarantined area only under the
following conditions: (1) The State has adopted and is enforcing
restrictions on the intrastate movement of the regulated articles
listed in Sec. 301.81-2 that are equivalent to the interstate movement
restrictions imposed by the regulations; and (2) designating less than
the entire State will prevent the spread of the imported fire ant. The
Administrator may include uninfested acreage within a quarantined area
due to its proximity to an infestation or its inseparability from an
infested locality for quarantine purposes.
In Sec. 301.81-3, paragraph (e) lists quarantined areas. We are
amending Sec. 301.81-3(e) by:
[sbull] Revising the boundaries of the quarantined areas in
Cherokee, Greenville, and Spartanburg Counties, SC, and changing the
status of Anderson, Oconee, and Pickens Counties, SC, from partially to
completely infested.
[sbull] Revising the boundaries of the quarantined areas in Maury
County, TN, changing the status of Decatur, Franklin, and Monroe
Counties, TN, from partially to completely infested, and adding
portions of Bedford, Blount, Coffee, Grundy, and Loudon Counties, TN,
to the list of quarantined areas.
We are taking these actions because recent surveys conducted by
APHIS and State and county agencies revealed that the imported fire ant
has spread to these areas. See the rule portion of this document for
specific descriptions of the new and revised quarantined areas.
Emergency Action
This rulemaking is necessary on an emergency basis to prevent the
spread of imported fire ant into noninfested areas of the United
States. Under these circumstances, the Administrator has determined
that prior notice and opportunity for public comment are contrary to
the public interest and that there is good cause under 5 U.S.C. 553 for
making this rule effective less than 30 days after publication in the
Federal Register.
We will consider comments we receive during the comment period for
this interim rule (see DATES above). After the comment period closes,
we will publish another document in the Federal Register. The document
will include a discussion of any comments we receive and any amendments
we are making to the rule.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. For this
action, the Office of Management and Budget has waived its review under
Executive Order 12866.
This interim rule is necessary because infestations of imported
fire ant have been discovered in additional areas of South Carolina and
Tennessee. This action will establish quarantined areas in 5 new
counties and revise the boundaries of the quarantined areas in 10 other
counties in those States. As a result of this action, the interstate
movement of regulated articles from those areas is restricted. This
action is necessary to prevent the artificial spread of the imported
fire ant into noninfested areas of the United States.
The following analysis addresses the economic effects of this rule
and the impact on small entities as required by the Regulatory
Flexibility Act.
The market value of the agricultural products sold in the 15
counties affected by this rule was more than $445 million, according to
the 1997 Agricultural Census. This represents 12 percent of the
combined total value of agricultural sales for both States.
Potential damage by imported fire ant presents a risk to the
agricultural economies in these 15 counties. During 1997, the value of
sales from nursery
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and greenhouse crops in these 15 counties were at minimum $54 million.
Those entities potentially affected by this action include nurseries,
greenhouses, farm equipment dealers, construction companies, and those
entities that sell, process, or move regulated articles interstate from
and through quarantined areas. These economic entities are now required
to treat and certify their regulated articles before moving them
interstate.
According to the Small Business Administration (SBA) definition, a
small agricultural producer is one having less than $750,000 in annual
sales, and a small equipment dealer or a small agricultural service
company is one generating less than $5 million in annual sales.
According to this definition, all of the estimated 433 potentially
affected entities in the counties affected by this rule are considered
small by SBA standards. However, both the number of affected entities
and the scope of the economic effects resulting from this action are
dependent on any given entity's proportion of sales outside the
quarantined area.
The adverse economic effect on these entities can be substantially
minimized by the availability of various treatment options that will
allow for the movement of regulated articles from the quarantined area
with only a small additional cost. The treatment cost for a standard
shipment of nursery plants is estimated to be between $116 and $200,
which represents, at most, 2 percent of the value of a standard
tractor-trailer load of nursery plants ($10,000 to $250,000). The
benefits of this action are substantial, both ensuring continued
agricultural sales from the affected counties and preventing human-
assisted spread of imported fire ant.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This interim rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
Accordingly, we are amending 7 CFR part 301 as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
1. The authority citation for part 301 continues to read as
follows:
Authority: 7 U.S.C. 7711, 7712, 7714, 7731, 7735, 7751, 7752,
7753, 7754, and 7760; 7 CFR 2.22, 2.80, and 371.3.
Section 301.75-15 also issued under Sec. 204, Title II, Pub. L.
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7
U.S.C. 1421 note).
2. In Sec. 301.81-3, paragraph (e) is amended as follows:
a. Under the heading South Carolina, by revising the entries for
Anderson, Cherokee, Greenville, Oconee, Pickens, and Spartanburg
Counties.
b. Under the heading Tennessee, by adding, in alphabetical order,
new entries for Bedford, Blount, Coffee, Grundy, and Loudon Counties
and by revising the entries for Decatur, Franklin, Maury, and Monroe
Counties.
Sec. 301.81-3 Quarantined areas.
* * * * *
(e) * * *
South Carolina
* * * * *
Anderson County. The entire county.
* * * * *
Cherokee County. That portion of the county bordered by a line
beginning at the intersection of the Spartanburg/Cherokee County line
and State Secondary Highway 36; then northeast on State Secondary
Highway 36 to the South Carolina/North Carolina State line; then east
along the State line to the Cherokee/York County line; then south along
the Cherokee/York County line to the Cherokee/Union County line; then
northwest on the Cherokee/Union County line to the point of beginning.
* * * * *
Greenville County. That portion of the county bordered by a line
beginning at the intersection of the Greenville/Spartanburg County line
and State Secondary Highway 277; then northwest on State Secondary
Highway 277 to State Secondary Highway 560; then east on State Highway
11 to the unpaved county road--then north on the unpaved county road to
secondary system road--unpaved 118; then northeast on secondary system
road-unpaved 118 to the South Carolina/North Carolina State line; then
west along the South Carolina/North Carolina State line to the
Greenville/Pickens County line; then south along the Greenville/Pickens
County line to the Greenville/Laurens County line; then northeast along
the Greenville/Laurens County line to the point of beginning.
* * * * *
Oconee County. The entire county.
* * * * *
Pickens County. The entire county.
* * * * *
Spartanburg County. That portion of the county bordered by a line
beginning at the intersection of the Spartanburg/Greenville County line
and State Secondary Highway 75; then northeast on State Secondary
Highway 75 to State Secondary Highway 127 in the town of Gramling; then
northeast on State Secondary Highway 127 to State Secondary Highway 37;
then north on State Secondary Highway 37 to State Highway 11; then east
on State Highway 11 to State Secondary Highway 943; then east on paved
county road to State Secondary Highway 42; then southeast on State
Secondary Highway 42 to State Secondary Highway 132; then northeast on
State Secondary Highway 132 to State Secondary Highway 58; then south
on State Secondary Highway 58 to State Secondary Highway 187; then east
on State Highway 11 to the Spartanburg/Cherokee County line; then south
along the Spartanburg/Cherokee County line to the Spartanburg/Laurens
County line; then north along the Spartanburg/Laurens County line to
the point of beginning.
* * * * *
Tennessee
Bedford County. That portion of the county lying south of a line
beginning at the intersection of the Marshall/Bedford County line and
Bills Road; then east on Bills Road to Falcon Road; then north on
Falcon Road to Bethlehem Church Road; then east on Bethlehem Church
Road to Uselton Road; then east on Uselton Road to Dixon Road; then
southeast on Dixon Road to Tennessee Highway 130; then northeast on
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Tennessee Highway 130 to Snell Road; then southeast on Snell Road to
U.S. Highway 231; then south on U.S. Highway 231 to the Lincoln/Moore/
Bedford County line.
Blount County. That portion of the county lying south of a line
beginning at the intersection of the Loudon/Blount County line and U.S.
Highway 321; then east on U.S. Highway 321 to Marble Hill Road; then
southeast on Marble Hill Road to Gulf Hollow Road; then south on Gulf
Hollow Road to Kirk Road; then east on Kirk Road to Meadow Road; then
northeast on Meadow Road to Lambert Road; then southeast on Lambert
Road to Salem Road; then south on Salem Road to Morgantown Road; then
northeast on Morgantown Road to Springview Road; then southeast on
Springview Road to Old Niles Ferry Road; then southwest on Old Niles
Ferry Road to Gillen Water Road; then southeast on Gillen Water Road to
U.S. Highway 129; then south on U.S. Highway 129 to Baumgardner Road;
then east on Baumgardner Road to Mint Road; then northeast on Mint Road
to Knob Road; then southeast on Knob Road to Sixmile Road; then south
along an imaginary line to U.S. Highway 129; then southeast on U.S.
Highway 129 to the Tennessee/North Carolina State line.
* * * * *
Coffee County. That portion of the county lying south of a line
beginning at the intersection of the Bedford/Coffee County line and the
line of latitude 35[deg] 25' North; then east on the line of latitude
35[deg] 25' North to Arnold Center Road; then south on Arnold Center
Road to Miller Crossroad Road; then southeast on Miller Crossroad Road
to Prairie Plains Road; then north on Prairie Plains Road to Lonnie
Bush Road; then northeast on Lonnie Bush Road to U.S. Highway 41; then
southeast on U.S. Highway 41 to the Coffee/Grundy County line; also the
entire city limits of Tullahoma, TN.
Decatur County. The entire county.
* * * * *
Franklin County. The entire county.
* * * * *
Grundy County. That portion of the county lying south of a line
beginning at the intersection of the Coffee/Grundy County line and U.S.
Highway 41; then southeast on U.S. Highway 41 to Tennessee Highway 50;
then east on Tennessee Highway 50 to Homer White Road; then north on
Homer White Road to Tennessee Highway 50; then northeast on Tennessee
Highway 50 to Tennessee Highway 108; then east on Tennessee Highway 108
to Tennessee Highway 399; then northeast on Tennessee Highway 399 to
Bryant Road; then southeast on Bryant Road to the Grundy/Sequatchie
County line.
* * * * *
Loudon County. That portion of the county lying south of a line
beginning at the intersection of the Roane/Loudon County line and the
Tennessee River; then east along the Tennessee River to the Fort Loudon
Dam (U.S. Highway 321); then northwest on U.S. Highway 321 to Martel
Road; then northeast on Martel Road to the Loudon/Knox County line.
* * * * *
Maury County. That portion of the county lying south of a line
beginning at the intersection of the Lewis/Maury County line and U.S.
Highway 412; then east on U.S. Highway 412 to Cecil Farm Road; then
east on Cecil Farm Road to South Cross Bridges Road; then south on
South Cross Bridges Road to Mt. Pleasant Road; then south on Mt.
Pleasant Road to Tennessee Highway 166; then southeast on Tennessee
Highway 166 to Tennessee Highway 243; then south on Tennessee Highway
243 to Dry Creek Road; then south on Dry Creek Road to the Maury/
Lawrence County Line.
* * * * *
Monroe County. The entire county.
* * * * *
Done in Washington, DC, this 30th day of January 2003.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-2685 Filed 2-4-03; 8:45 am]
BILLING CODE 3410-34-P